Can I cross the border?

[Brenglen]

Hi guys,

because of my I-485 Denied, I am going to file for Re-motion to reconsider to approve the denial petation. I am going to show proof of evidence that I lived in Canada after I abanned my green card in 2002 but anyways, with my I-485 denied can I re-enter the U.S. if I decide to go visit my family?


Also, If I still lose my case after the Remotion thing, I will apply for the I-824 but what I understand is that while the I-824 is going through, Ill have to move back to Canada but can I still go to the States sometimes as a Visitor?

thanks.

[poohsmum]

Originally Posted by Brenglen

Hi guys,

because of my I-485 Denied, I am going to file for Re-motion to reconsider to approve the denial petation. I am going to show proof of evidence that I lived in Canada after I abanned my green card in 2002 but anyways, with my I-485 denied can I re-enter the U.S. if I decide to go visit my family?


Also, If I still lose my case after the Remotion thing, I will apply for the I-824 but what I understand is that while the I-824 is going through, Ill have to move back to Canada but can I still go to the States sometimes as a Visitor?

thanks.

My advice to you would be NOT to leave the US while the remotion is going on.

[Brenglen]

Originally Posted by poohsmum

My advice to you would be NOT to leave the US while the remotion is going on.

Okay but for the I-824 when i am in Canada ill be able to travel as a vistor right? (into the U.S.)

also, cause of my I-485 is denied would be Advance Parole be denied too? and Would my Work Permit be no long valid even if i am filing for Reconsideration?

[TheRealCanadian]

Originally Posted by Brenglen

Okay but for the I-824 when i am in Canada ill be able to travel as a vistor right?

On what basis? You have clear immigrant intent, and unless you can prove you have a foreign residence and other foreign ties, they won't let you in.

cause of my I-485 is denied would be Advance Parole be denied too? and Would my Work Permit be no long valid even if i am filing for Reconsideration?

For now, yes. If USCIS reopens the case they should become valid again.

[Brenglen]

Originally Posted by TheRealCanadian

On what basis? You have clear immigrant intent, and unless you can prove you have a foreign residence and other foreign ties, they won't let you in.



For now, yes. If USCIS reopens the case they should become valid again.

Alrighty thanks, yeah I just found out through Immirgation number that I can stay in the U.S. cause my I-130 has been approved, but I want to know if I am allowed to cross the border into Canada?

Also, I did apply for Advance parole and they received the notice on the 20th of March, You said that they will become Valid again however will my Advance Parole still be in processing?

[TheRealCanadian]

Originally Posted by Brenglen

yeah I just found out through Immirgation number that I can stay in the U.S. cause my I-130 has been approved

An Approved I-130 gives you no right to stay in the US.

but I want to know if I am allowed to cross the border into Canada?

Do you have a Canadian visa, or are you a Canadian citizen?

[Brenglen]

Originally Posted by TheRealCanadian

An Approved I-130 gives you no right to stay in the US.

Do you have a Canadian visa, or are you a Canadian citizen?

But I called the USCIS Number line and they said that with an Approved I-130 and filing for a I-824 that you are allowed to stay in the U.S. while its being processed, I hope their not lying to me lol.

Canadian Citizen.

[TheRealCanadian]

Originally Posted by Brenglen

But I called the USCIS Number line and they said that with an Approved I-130 and filing for a I-824 that you are allowed to stay in the U.S. while its being processed, I hope their not lying to me lol.

They may not be deliberately lying, but that doesn't make what they say true.

[Brenglen]

Originally Posted by TheRealCanadian

They may not be deliberately lying, but that doesn't make what they say true.

Well what I am going to do is file a re-open/Reconsider, stating that I lived in Canada after I abanned my green Card in 2002 and show evidence like Bills, School records, Tax Returns..etc. I would like to know how long would that estimate take?

If I then get Denied once again then I'll file the I-824, would that mean I would have to go back to Canada correct? and I wouldn't be able to go and visit the U.S. while my I-824 is pending?

[Heretic]

Originally Posted by Brenglen

If I then get Denied once again then I'll file the I-824, would that mean I would have to go back to Canada correct?

Unless you happen to have a visa, yes. Otherwise, you're just accumulating time towards the 3/10 year bar.

and I wouldn't be able to go and visit the U.S. while my I-824 is pending?

Visit, maybe. If you can demonstrate to a POE that you have concrete ties to Canada, the visit will be temporary, you intend to pursue consular processing, etc.

[Brenglen]

Originally Posted by Heretic

Unless you happen to have a visa, yes. Otherwise, you're just accumulating time towards the 3/10 year bar.



Visit, maybe. If you can demonstrate to a POE that you have concrete ties to Canada, the visit will be temporary, you intend to pursue consular processing, etc.

Ahh ic, So when I am in Canada and I file the I-824 that will go to a Service Center then the Service center will send the Approved I-130 to Montreal U.S. Console and then they will call me up for appointment and then they will give me a Visa? then I use that visa to enter the U.S. and then file the I-485 correct?

[Brenglen]

Originally Posted by TheRealCanadian

On what basis? You have clear immigrant intent, and unless you can prove you have a foreign residence and other foreign ties, they won't let you in.



For now, yes. If USCIS reopens the case they should become valid again.

Well my Advance Parole is in processing but with the I-485 Denied and me going to file for motion to reopen or reconsider, would the Advance Parole be automaticly denied? or would they allow it to be processed cause of me filing for Motion to reopen or reconsider?

[Heretic]

Originally Posted by Brenglen

Ahh ic, So when I am in Canada and I file the I-824 that will go to a Service Center then the Service center will send the Approved I-130 to Montreal U.S. Console and then they will call me up for appointment and then they will give me a Visa? then I use that visa to enter the U.S. and then file the I-485 correct?

Your appointment at the consulate will be your interview for permanent residence. If approved, you will enter the US as a LPR. You won't need to file the I-485.

Basically, you need to decide whether to do one of 3 things:

i) File a motion to reopen (If you do this, I would advise you not to leave the US until a decision is made)
ii) Refile the I-485
iii) Consular processing from Canada

[Brenglen]

Originally Posted by Heretic

Your appointment at the consulate will be your interview for permanent residence. If approved, you will enter the US as a LPR. You won't need to file the I-485.

Basically, you need to decide whether to do one of 3 things:

i) File a motion to reopen (If you do this, I would advise you not to leave the US until a decision is made)
ii) Refile the I-485
iii) Consular processing from Canada

Ahh ic, if I do #3 then I would have to leave the Country until I am called up for my interview.

But heres a queston tho, Which one would be the quickest? like Ive heard it will take 9-12 months for the I-824, but then again I could be wrong.